Was There a Zaydī usūl al-fiqh? Searching for the Essence of Zaydī Legal Theory in the School’s First Complete Usūl Work: al-Natiq bi-l-Haqq’s (340-424/951-1033) “al-Mujzī fī usūl al-fiqh”
Journal Title: insan & toplum - Year 2015, Vol 6, Issue 1
Abstract
This paper examines a recently discovered and published text, al-Mujzī fī uşūl al-fiqh, which the Zaydīs have commonly labeled as their school’s first written work on uşūl al-fiqh. Written by al-Natiq bi-l-Haqq, who reportedly had close relationships with Mu‘tazīlī scholars, this book is important for tracing the essence of Zaydī legal theory and interrelation between the Zaydiyya and Mu‘tazila in the field of uşūl al-fiqh. I argue that this work represents and draws upon Mu‘tazīlī, as opposed to Zaydī, legal theory. A certain part of this text was published earlier with attribution to Abū al-Husayn al-Başrī as a section of his work Sharh al-‘umad. This attribution is also discussed within the paper. The paper consists of three main sections: a brief biography of al-Natiq bi-l-Haqq and a list of his works, the attribution of the text and an outline of the structure and method in al-Mujzī, and an attempt to determine the text’s identity by examining the authoritative voices in it and its influence later Zaydī literature and by comparing certain cases to those existing in a Mu‘tazilī uşūl text (al-Mu‘tamad) and a Zaydī uşūl text (Safwat al-ikhtiyār).
Authors and Affiliations
Ahmet Temel
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- EP ID EP315749
- DOI 10.12658/human.society.6.11.M0142
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